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<br />Ordinance No. 2009-80 <br />admissible as evidence in any criminal action involving the operator of the motor vehicle other than a <br />prosecution for a violation of this section. <br />(g) This section does not apply when an emergency exists that threatens the life of any <br />person operating a motor vehicle to whom this section otherwise would apply or the life of any child <br />who otherwise would be required to be restrained under this section. <br />(h) Whoever violates subsection (a), (b) or (c) of this section shall be punished as follows: <br />(1) Except as otherwise provided in subsection (h)(2) of this section, the offender <br />is guilty of a minor misdemeanor and shall be fined not less than ~~-€ive <br />a,.~~ thirty-five dollars ($35.00). <br />(2) If the offender previously has been convicted of or pleaded guilty to a <br />violation of Ohio R.C. 4511.81(A), (B) or (C) or of a municipal ordinance <br />that is substantially similar to any of those subsections, the offender is guilty <br />of a misdemeanor of the fourth degree. (ORC 4511.81) <br />SECTION 3: That Section 513.03 ("Drug Abuse; Controlled Substance <br />Possession or Use") of the General Offenses Code, which presently reads as follows: <br />513.03 DRUG ABUSE; CONTROLLED SUBSTANCE POSSESSION OR USE. <br />(a) No person shall knowingly obtain, possess or use a controlled substance. <br />(b) This section does not apply to the following: <br />(1) Manufacturers, licensed health professionals authorized to prescribe drugs, <br />pharmacists, owners of pharmacies and other persons whose conduct was in <br />accordance with Ohio R.C. Chapters 3719, 4715, 4729, 4730, 4731 and <br />4741. <br />(2) If the offense involves an anabolic steroid, any person who is conducting or <br />participating in a research project involving the use of an anabolic steroid if <br />the project has been approved by the United States Food and Drug <br />Administration; <br />(3) Any person who sells, offers for sale, prescribes, dispenses or administers <br />for livestock or other nonhuman species an anabolic steroid that is expressly <br />intended for administration through implants to livestock or other nonhuman <br />species and approved for that purpose under the "Federal Food, Drug and <br />Cosmetic Act", 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, and is <br />sold, offered for sale, prescribed, dispensed or administered for that purpose <br />in accordance with that Act; <br />(4) Any person who obtained the controlled substance pursuant to a prescription <br />issued by a licensed health professional authorized to prescribe drugs. <br />(c) Whoever violates subsection (a) hereof is guilty of one of the following: <br />(1) If the drug involved in the violation is a compound, mixture, preparation, or <br />substance included in Schedule III, IV, or V, whoever violates subsection (a) <br />hereof is guilty of possession of drugs. Possession of drugs is a <br />misdemeanor if the amount of the drug involved does not exceed the bulk <br />amount. The penalty for the offense shall be determined as follows: <br />possession of drugs is a misdemeanor of the third degree or, if the offender <br />previously has been convicted of a drug abuse offense, a misdemeanor of the <br />second degree. If the drug involved in the violation is an anabolic steroid <br />included in Schedule III and if the offense is a misdemeanor of the thin? <br />degree under this subsection, in lieu of sentencing the offender to a term of <br />imprisonment in a detention facility, the court may place the offender on <br />conditional probation pursuant to Ohio R.C. 2951.02(F). <br />(2) If the drug involved in the violation is marihuana or a compound, mixture, <br />30 <br />